Girl Tells Nurse Wipe It Again
Sydney schoolhouse teacher Breanna (not her real name) checked into a individual hospital for routine gynaecological surgery late last year and a few days afterwards, the surgeon rang with the good news that she did not have cancer.
But the physician from Norwest Private Hospital in Sydney's north-w had another bombshell.
She told Breanna one of the nurses had taken an explicit photograph of her while she was under anaesthetic.
"I felt like my world was exploding. I felt I was in dandy peril that this photo was going to destroy my life, my career and that my son would find out," she said.
Only what has fabricated her really angry is that there is petty she can exercise to stop it happening to others.
A 'serious invasion' of privacy
What has fabricated Breanna really aroused is that there is little she can practice to stop it happening to others.
In New South Wales, there is no police force protecting patients from having like photos taken.
"I am an information technology teacher. I know how bad it could go and that the photo could have ended up on the net and being shared," she told the ABC.
"The photo was explicit and left cypher to the imagination."
Nether section 91 L of the Crimes Deed, it is an offence to photograph or film someone's private parts for the purpose of obtaining, or enabling another person to obtain sexual arousal or sexual gratification.
Just that was non the instance in this circumstance.
Breanna's lawyer, Fiona McLay from Harris Freidman, said in that location is a serious gap in NSW criminal law.
"Breanna is genuinely concerned that no other patient suffer a similar indignity," she said.
"The constabulary in NSW needs to brought in line with the law in Victoria and Queensland where it is an offence to take a photo of someone's genitals without their consent, in circumstances where they could reasonably look to be afforded privacy."
The photo was shown to ii other nurses in the recovery room, who alerted hospital management.
New S Wales privacy commissioner Dr Elizabeth Coombs said she was securely concerned by what she called a "serious invasion" of privacy.
"Every bit privacy commissioner, I think people of New S Wales deserve to take their privacy protected, and take a means to go redress when a serious invasion has occurred," she said.
Nurse nonetheless practising without restrictions
The nurse was sacked from Norwest private hospital and her behaviour referred to the Nursing and Midwifery Council of New South Wales.
It plant she had "expressed sincere apologies and remorse for her deportment, displayed the requisite degree of insight and level of contrition and has taken steps to improve her practice".
Simply the nurse is still practising without restrictions or supervision.
"She now works in another operating theatre in a private hospital in Sydney," Breanna said.
A spokesman for the hospital said it securely regretted the incident, which was investigated by the hospital executive and the patient's doctor.
"The rogue actions of the nurse were a one-off occurrence in the hospital," a hospital spokesman said.
"The nurse's colleagues, recognising the abhorrent behaviour, followed the hospital's policy and quickly escalated the incident to the infirmary executive team."
Breanna is not seeking financial compensation simply is disappointed by the hospital'south actions.
"The hospital has a articulate patient'southward nib of rights but they haven't done the right thing," she said.
"They should have accessed the phone and ensured that the image was deleted as soon as possible."
The infirmary said it offered her support afterwards the incident and that phones and cameras are banned from operating theatres.
Only Breanna is frustrated the nurse cannot exist charged with a criminal offense.
"I just want to see laws changed so this doesn't happen to any other patients," she said.
Eventually, the nurse agreed to hand over the phone and provide a statutory declaration that the intimate image had been deleted.
The reasons why the nurse took the photo remain unclear.
Just Breanna has her suspicions.
"I am a larger woman. To me, it'due south obvious she took it to make fun of fatty people," she said.
Breanna unable to function from stress
Since finding out nearly the explicit photo, the stress has meant Breanna has been unable to function properly.
She has had to temporarily requite up her task every bit a school teacher.
On the 24-hour interval of her operation, she made small talk with the nurse who took the photo, before going nether the anaesthetic.
"She told me she lived in the aforementioned surface area as I do and that she had schoolhouse-aged kids. So I was worried that I would crash-land into her somewhere," she said.
The NSW Upper House standing committee on law and justice is currently investigating serious breaches of privacy.
It will look at whether existing laws are sufficient to protect people's privacy.
A spokesman for NSW Attorney-General Gabrielle Upton said the Regime was keeping a shut watch on the inquiry.
"The NSW Regime awaits the findings of the inquiry and volition consider any recommendations carefully," she said.
Breanna has made a confidential submission to the inquiry.
She hopes by making her story public she can get laws amended so other patients will not undergo the aforementioned fate.
Posted , updated
Source: https://www.abc.net.au/news/2015-11-06/sydney-nurse-takes-explicit-photo-of-patient/6916174
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